These Special Terms and Conditions (hereinafter the “Terms”) have been issued by PLG Czech Republic, s.r.o., Italská 2581/67, Prague 2, Company ID No.: 01901613, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 90221 (hereinafter “PLG CZ”), and contain information and provisions governed by:
- - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter the “DSA Regulation”) and
- - Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (hereinafter the “P2B Regulation”).
(Both EU regulations mentioned above together only as the “Regulations”).
By concluding the agreement, the Organiser declares that it has acquainted itself with these Terms and agrees to them, and that its contractual relationship with PLG CZ will be governed by them.
- Definitions
For the purposes of these Terms, the terms below have the following meanings:
“Event”: a concert, theatre performance or other cultural performance or sporting match, as well as any other events (exhibitions, conferences, training courses, trade fairs, etc.) consisting of leisure-time activities for Visitors at a predetermined date and place (determined by the Organiser), for which tickets are sold via the Portal. The rules for Events apply mutatis mutandis to other products and services offered on the Portal by the Organiser. The rules for the sale of tickets for Events apply mutatis mutandis also to the sale of such other products and services.
“Organiser”: a natural or legal person that organises and runs specific Events; the Organiser is solely responsible for the realisation and content of each individual Event. The Organiser has a contractual relationship with PLG CZ which enables the Organiser to sell tickets for Events via the Portal, in the Organiser’s own name and on its account.
“Visitor”: a person using the Portal and the services of PLG CZ in order to enter into a contractual relationship with the Organiser for the purpose of attending an Event. Each Event is always organised by the Organiser, and therefore the Visitor must assert all claims arising from its contractual relationship with the Organiser, including claims for ticket refunds, directly against the Organiser.
“Portal”: the ordering and distribution system operated by PLG CZ at www.ticketportal.cz, enabling Visitors in particular to order, reserve, purchase and collect Tickets from the Organiser. The Portal is an online marketplace, i.e. an online intermediation service.
“Harmful Content”: Content that must not be placed on the Portal because it is contrary to legal regulations (illegal content) or contractual arrangements between the Organiser and PLG CZ (including these Terms). This is content that violates:
- - generally binding regulations (e.g. the Charter of Fundamental Rights and Freedoms, the Constitution and other laws) of the Czech Republic, the European Union, other EU Member States and the States of the European Economic Area (EEA States are Liechtenstein, Norway and Iceland),
- - good morals,
- - principles of fair commercial practice,
- - these Terms, or
- - contractual arrangements between the Organiser and PLG CZ.
The above prohibition on disseminating content includes, inter alia, a prohibition on placing content that:
- - incites violence or hatred directed against a group of persons or a member of such a group on the grounds of sex, race, colour, ethnic or social origin, genetic features, nationality, language, religion or belief, political or other opinion, membership of a national minority, property, birth, descent, disability, age or sexual orientation,
- - whose dissemination constitutes a criminal offence, in particular public provocation to commit a terrorist offence (see e.g. the offence of “Support and Promotion of Terrorism” under Section 312e of the Criminal Code), criminal offences relating to child pornography (see e.g. the offence of “Production and Other Handling of Child Pornography” under Section 192 of the Criminal Code) and criminal offences relating to racism and xenophobia (see e.g. the offence of “Incitement to Hatred towards a Group of Persons or to Restrict their Rights and Freedoms” under Section 356 of the Criminal Code),
- - infringes copyrights or related rights of third parties,
- - interferes with the personality rights or personal data protection rights of third parties or with the good reputation of third parties, or
- - constitutes a misleading or unfair commercial practice under consumer protection regulations,
- - is in itself or by its dissemination contrary to decisions of public authorities.
Furthermore, the following content must not be placed on the Portal:
- - content raising suspicion that it may be illegal content,
- - content containing vulgar expressions,
- - content of a pornographic nature,
- - content depicting unjustified violence or criminal offences,
- - content promoting or glorifying violence or criminal activity,
- - content promoting self-harm,
- - content promoting goods or services the sale of which is prohibited or restricted in a way that circumvents such restrictions,
- - content containing forms of coercion, threats, stalking, etc.,
- - content that is untrue or inaccurate,
- - content that disseminates disinformation or so-called hate speech, or
- - content supporting cybercrime or other forms of conduct that are dangerous for cyber security.
- Subject Matter of the Terms
These Terms govern the rights and obligations between the Organiser, as a business user of the Portal, and PLG CZ in connection with the Regulations. In areas not regulated by these Terms, or in the event of a conflict between these Terms and the agreement, the relationship between the Organiser and PLG CZ is governed by their contractual arrangements (the agreement), which take precedence over the wording of these Terms. Unless expressly stated otherwise, a reference to a breach of these Terms also includes a reference to a breach of the agreement itself.
PLG CZ sells and distributes tickets for Events and collects payments for them on behalf of and for the account of the Organiser. The Organiser of the Event is solely responsible for the tickets and the organisation of the Event.
The Organiser undertakes not to disseminate Harmful Content via the Portal.
- Restrictions, Suspension and Termination of Services
In addition to the cases agreed in the agreement, PLG CZ reserves the right to immediately refuse the sale of tickets for an Event and/or to refuse or prevent the promotion of an Event or its further sale and promotion:
- - if the Event is contrary to legal regulations or good morals, or if the Organiser provides PLG CZ with Harmful Content for dissemination,
- - if there is a suspicion that the Event is or will be contrary to legal regulations or good morals, or that mass breaches of legal regulations or good morals may occur during the Event,
- - if other ethical principles of PLG CZ, or the Code of Advertising of the Advertising Council, are infringed,
- - if the Event interferes with the rights and legitimate interests of PLG CZ or damages or could damage the good name of PLG CZ, its employees, shareholders or persons forming a group with it,
- - if the Organiser refuses to sign a special indemnity undertaking, the signing of which will be required by PLG CZ in justified cases,
- - in other cases set out in Regulation (EU) 2022/2065, in particular under Article 30(3) thereof, or
- - for other reasons set out in these Terms or separately agreed between the parties or set out in legal regulations.
In such a case, PLG CZ will inform the Organiser of its decision to refuse the sale of tickets for the Event and/or the promotion of the Event without undue delay.
Unless agreed otherwise, PLG CZ is not obliged, in the context of promoting an Event, to use specific promotional materials of the Organiser. Even where such an arrangement is agreed, PLG CZ is entitled, in addition to the cases agreed in the agreement, to refuse the use of promotional material or to prevent its further use:
- - if such material does not correspond to the agreed arrangement,
- - if the ethical principles of PLG CZ, or the Code of Advertising of the Advertising Council, are infringed,
- - if the material contains or represents Harmful Content,
- - if PLG CZ has reasonable doubts as to whether there is a reason to refuse the material within the meaning of items a) to c),
- - if it contains information, advertising or commercial communications of third parties,
- - if it interferes with the rights and legitimate interests of PLG CZ or damages or could damage the good name of PLG CZ, its employees, shareholders or persons forming a group with it,
- - if it constitutes advertising of a competitor of PLG CZ,
- - if the material does not relate to the Event,
- - if the Organiser refuses to sign a special indemnity undertaking, the signing of which will be required by PLG CZ in justified cases,
- - if the Organiser links the provision of further information in the material to the sending of PR SMS and/or calls to premium-rate numbers, or
- - for other reasons set out in these Terms or separately agreed between the parties or set out in legal regulations.
In such a case, PLG CZ will inform the Organiser of its decision to refuse the material without undue delay. The Organiser is then obliged, without undue delay, to provide PLG CZ with replacement material that is free from defects.
The Organiser undertakes that, in the event that content placed by the Organiser on the Portal is removed due to a breach of contractual arrangements or these Terms, it will not store such content, or content identical or equivalent to it, on the Portal again.
PLG CZ reserves the right to refuse further use of Organisers’ materials:
- - where their material was repeatedly refused for any reason mentioned in the preceding paragraph,
- - who have repeatedly breached these Terms,
- - who have seriously breached these Terms,
- - if there are reasonable doubts as to the Organiser’s solvency or if the Organiser is in default of payment of any due invoice (even issued on the basis of another agreement) owed to PLG CZ, or
- - for other reasons set out in these Terms or separately agreed between the parties or set out in legal regulations.
PLG CZ reserves the right to refuse to continue providing services to Organisers or to terminate the agreement:
- - if an Event is contrary to legal regulations or good morals,
- - if there is a suspicion that any of the Organiser’s Events is or will be contrary to legal regulations or good morals, or that mass breaches of legal regulations or good morals may occur during the Event,
- - who have provided Harmful Content for dissemination, currently or in the past,
- - who have repeatedly breached these Terms,
- - who have seriously breached these Terms,
- - if there are reasonable doubts as to the Organiser’s solvency or if the Organiser is in default of payment of any due invoice (even issued on the basis of another agreement) owed to PLG CZ,
- - if the Organiser has cancelled any Event in the last 12 months without serious reason, or if the Event did not take place due to reasons on the Organiser’s side, or if, due to reasons on the Organiser’s side, serious problems occurred during the Event which caused difficulties to Visitors or significantly diminished their enjoyment of the Event,
- - in the cases set out in Regulation (EU) 2022/2065, in particular under Article 30(3), or
- - for other reasons set out in these Terms or separately agreed between the parties or set out in legal regulations.
In such a case, the notice period is 30 days from delivery of a written notice (without prejudice to PLG CZ’s right to immediately apply the procedures under paragraph 1 of this Article). This notice period is reduced to 1 week if
- - PLG CZ exercises its right to terminate the provision of services for urgent reasons under Czech law, or
- - PLG CZ is able to demonstrate that the Organiser has repeatedly breached the applicable terms, which has led to the termination of the provision of all relevant online intermediation services by PLG CZ.
If PLG CZ decides to restrict or suspend the provision of services to an Organiser in relation to certain goods or services offered by that Organiser, it shall, at the latest at the time when the restriction or suspension takes effect, provide the Organiser with the reasoning for this decision on a durable medium, unless otherwise required by law.
The same applies to actions referred to in Article 17 of the DSA Regulation.
Such notification is not required in the case of measures taken in relation to Harmful Content where:
- - it is misleading commercial content in large volumes,
- - orders are made pursuant to Article 9 of the DSA Regulation, in which case the special regime in that provision applies,
- - orders are made pursuant to Article 10 of the DSA Regulation, in which case the special regime in that provision applies.
If PLG CZ decides to completely terminate the provision of all such services to an Organiser, it shall provide the Organiser with the reasoning for this decision on a durable medium at least 30 days before the termination takes effect, unless otherwise required by law.
PLG CZ is not required to provide such reasoning if it is subject to a legal or regulatory obligation not to disclose specific facts or circumstances or the relevant ground or grounds, or if it is able to demonstrate that the Organiser concerned has repeatedly breached the applicable terms, which has led to the termination of the provision of all relevant online intermediation services.
PLG CZ reserves the right to terminate the agreement even without giving reasons. In such a case, the notice period is 2 months from delivery of a written notice, commencing on the first day of the calendar month following the delivery of the notice and ending on the last day of the second calendar month after delivery of the notice.
Notice may also be delivered by e-mail.
Further information on content moderation is set out in Article XII.
- Intellectual Property
These Terms and the contractual relationship between the Organiser and PLG CZ have no effect on the Organiser’s intellectual property rights. However, PLG CZ is entitled to:
- - reasonably use the logo of the Organiser or of the Event for the purpose of promoting the Event;
- - reasonably use materials provided by the Organiser for the purpose of promoting the Event and the Portal. Consent is thus granted by the Organiser on the basis of copyright or related rights:
- - on a non-exclusive and royalty-free basis,
- - for the period during which such content is stored on the Portal,
- - for the territory of the whole world.
- Main Parameters Determining the Order of Individual Events within the Portal Offer
The main parameters determining the order of individual Events within the displayed offer are:
- - time criterion (Events are ordered by date),
- - banner preferential placement.
The order of these parameters has been chosen so as to reflect their economic significance for PLG CZ and user-friendliness for users.
The possibility to influence the ranking exists only in connection with banner placements, and then only under specially agreed conditions.
The ranking mechanism reflects the nature of the Event and its relevance for consumers as follows: date of the Event, categorisation by genre and sub-genre.
PLG CZ does not apply any differential treatment with respect to goods and services offered to consumers via the Portal by PLG CZ itself, or by a person controlled by or affiliated with PLG CZ.
- Ancillary Goods and Services
The following ancillary goods and services are offered to consumers by PLG CZ via the Portal:
- - insurance for the case that a Visitor is unable to attend the Event,
- - for selected Events, with the Organiser’s consent, the option to donate a financial amount for charitable purposes to other entities (foundations, endowment funds),
- - for selected Events, mandatory and optional additional services within the Event (based on a specific agreement with the Organiser).
The Organiser is not entitled to offer its own ancillary goods and services to Visitors via the Portal unless expressly agreed otherwise.
- Additional Distribution Channels and Potential Affiliate Programmes
In addition to the Portal, PLG CZ also uses other distribution channels, namely contractual points of sale. A contractual point of sale is an authorised offline point of sale approved by PLG CZ within the TICKETPORTAL sales network and marked with the TICKETPORTAL logo, where tickets can be reserved, purchased or collected based on their reservation number or reference data associated with a direct online purchase.
PLG CZ also uses affiliate programmes of partners.
- Access to Data
PLG CZ provides technical and contractual access to data, whether personal or other, which business users or consumers provide for the purpose of using the Portal, or which are generated when such services are provided, solely on the basis of a specific contractual arrangement with the Organiser.
Without such an arrangement, sales overviews are made available on the basis of a username and password.
The following third parties have access to this data:
- - subcontractors of PLG CZ who process the data to the extent necessary for the proper functioning of the Portal,
- - public authorities in cases specified by legal regulations.
- Internal Complaint Handling System
For all complaints concerning the functioning of the service, whether for non-compliance with statutory requirements or for resolving disputes concerning technical problems directly related to the provision of the service or other measures of PLG CZ, it is possible to use the internal compliance system of PLG CZ.
The contact for the compliance officer is: e-mail: pravni@tickertportal.cz.
This system can be used to contact PLG CZ, inter alia, in the following cases:
- - alleged non-compliance with obligations under the P2B Regulation affecting the Organiser who has lodged the complaint,
- - technical problems directly related to the operation of the Portal and affecting the complainant, or
- - measures or conduct of PLG CZ directly related to the provision of the Portal and affecting the complainant.
PLG CZ has also implemented an internal complaint handling system within the meaning of Article 20 of the DSA Regulation. If you wish to lodge a complaint against a decision by PLG CZ on content moderation that has been delivered to you (see Article XII(7) of these Terms; you may submit such a complaint here), please send it by e-mail to: compliance@mafra.cz. In your complaint, please also state why you believe that PLG CZ’s original decision was incorrect.
This system may be used both by complainants – Visitors to the Portal whose notice under the DSA Regulation has not been handled or has been handled in a way with which they disagree, and by Organisers in respect of whom any of the following measures has been applied:
- - a decision whether or not to remove specific information, disable access to it or limit its visibility,
- - a decision whether or not to suspend or terminate the provision of services to Organisers, in whole or in part,
- - a decision whether or not to suspend or terminate Organisers’ accounts,
- - a decision whether or not to suspend, terminate or otherwise restrict the ability to monetise information provided by Organisers.
The internal complaint handling system can be used free of charge.
A complaint under this system based on the DSA Regulation must be submitted (delivered to PLG CZ) within six months from the date on which the complainant was informed of the decision in accordance with Article 16(5) or Article 17 of the DSA Regulation.
The person concerned may also use an out-of-court dispute settlement scheme within the meaning of Article 21 of the DSA Regulation.
- Mediation and Out-of-Court Dispute Settlement
In accordance with the P2B Regulation, PLG CZ has designated the following two mediators with whom it is willing to cooperate in attempting to reach an agreement in the case of out-of-court dispute settlement or complaints that could not be resolved through the internal complaint handling system:
JUDr. Ing. Jindřich Kalíšek, Ph.D.
Under the DSA Regulation, out-of-court dispute settlement (Article 21 of the DSA Regulation) may also be used.
- Changes to the Terms
These Terms may be supplemented, amended and updated by PLG CZ on an ongoing basis and are binding on the Organiser in the version in force on the date of conclusion of the relevant agreement.
In accordance with Section 1752 of the Czech Civil Code, the contracting parties agree that PLG CZ may unilaterally amend these Terms to a reasonable extent, in particular in the event of:
- - changes in legal regulations,
- - changes in the technical conditions of service providers for PLG CZ,
- - changes in the interpretation of legal regulations,
- - changes in the technical parameters of the internet or mobile device providers,
- - changes in the sector of comparable services,
- - changes in licensing terms by third parties for copyright-protected content used on the Portal,
- - changes in the scope of ancillary goods or services,
- - changes in the scope of the Organiser’s access to data,
- - changes in additional distribution channels or potential affiliate programmes, etc.
In the case of already concluded agreements, PLG CZ shall notify Organisers of changes to the Terms by e-mail to the Organiser’s contact e-mail address or by written notice sent by post or to a data box, with the change taking effect 30 days from the date of delivery of the notice to the other contracting party. The Organiser may reject the change to the Terms within the above period and terminate the agreement with a notice period of 15 days from the date on which PLG CZ notifies it of the change. For changes in rules pursuant to the DSA Regulation, it is sufficient to inform Organisers of each significant change to the Terms (Article 14(2) of the DSA Regulation); Organisers will be informed of less significant changes by publication of a new version of the Terms.
The 30-day period under the preceding paragraph may be shortened if PLG CZ must:
- - amend the Terms on the basis of a legal or regulatory obligation in a way that does not allow it to comply with the notification period referred to in the preceding paragraph; or
- - exceptionally amend the Terms in order to address an unforeseen and imminent danger related to the protection of online intermediation services, consumers or business users from fraud, malware, spam, data security breaches or other cyber risks.
After being notified of a change to the Terms, the Organiser may at any time waive its right to terminate the agreement, either by a written declaration or by other clearly confirmatory conduct.
During the notification period, any offer of new goods or services made via the Portal is deemed to constitute other clearly confirmatory conduct waiving the notification period (right to terminate the agreement), except where a reasonable notification period exceeds 15 days because the changes to the Terms require the Organiser to make significant technical adjustments to its goods or services. In such cases, the Organiser’s offer of new goods or services is not automatically deemed a waiver of the notification period.
- Information under the DSA Regulation
The Portal is an online platform within the meaning of Article 3(i) of the DSA Regulation, namely an online platform enabling consumers to conclude distance contracts with traders.
To the extent set out in the DSA Regulation, PLG CZ is not responsible for the activities and information of users of its service, including Organisers.
If, in connection with content stored on the Portal by the Organiser in relation to the performance of the agreement, any third party asserts claims against PLG CZ, the Organiser undertakes to provide PLG CZ without delay with all documents and materials necessary for successfully handling the dispute with such third party and to provide the necessary cooperation. The Organiser acknowledges that failure to provide cooperation within the time limit set by PLG CZ may result in PLG CZ treating the third party’s notice of Harmful Content as justified without further investigation.
Information on Restrictions Applied by PLG CZ
Information on the restrictions applied (or which may be applied) by PLG CZ in connection with the use of the Portal with regard to information provided by Organisers that constitutes Harmful Content:
- - hiding Harmful Content,
In appropriate cases, before taking the steps listed above, PLG CZ may:
- - notify the Organiser of Harmful Content and request that it be rectified,
- - notify the Organiser of Harmful Content and request its comments on a notice made by another person.
Under the DSA Regulation and other legal regulations, PLG CZ is obliged in certain cases to inform public authorities of Harmful Content, including authorities in other EU (or EEA) Member States. PLG CZ reserves the right to do so in other cases as well.
Information on Policies, Procedures, Measures and Tools Used for Content Moderation
Content moderation is carried out on the basis of complaints by third parties or on the basis of interventions by PLG CZ resulting from random checks of the service or from automatic control systems (see below).
Checks of uploaded or already stored content on the Portal are carried out both automatically and manually by service administrators.
When suspending sales, blocking a profile (account) or temporarily disabling access to an individual piece of content provided by the Organiser, the proportionality of the blocking period is determined according to the following rules:
- - the seriousness of the breach of the Terms/law, including the nature of the Harmful Content and the consequences of its placement on the Portal.
PLG CZ is currently not applying suspension of the handling of notices and complaints submitted under the DSA Regulation against persons or entities, or complainants, who frequently submit manifestly unfounded notices or complaints. However, if there are persons who submit more than 2 manifestly unfounded notices or complaints per week, PLG CZ reserves the right not to accept notices and complaints from such persons for a period of 2 months.
The above measures may also be applied to persons who disseminate content where, according to a careful assessment by PLG CZ, there is a risk that it constitutes Harmful Content. This may be the case, for example, where a third party presents serious facts indicating that the content is harmful, but it is not possible to fully verify them, or where the Organiser does not provide cooperation.
PLG CZ has implemented a system for handling notices of harmful content within the meaning of Article 16 of the DSA Regulation. You can submit a notice by sending an e-mail to: pravni@ticketportal.cz
These Terms are valid from 1.1.2026.